sunset park of sunnyvale Homeowners Association

Guidelines For Satellite Dish and Antenna Installation and Maintenance

This document sets forth the Sunset Park of Sunnyvale Homeowners Association's policies for the installation and maintenance of satellite dishes and television antennas within the Sunset Park of Sunnyvale planned development, pursuant to Section 207 of the federal Telecommunications Act of 1996 and the Association's Amended and Restated Declaration of Covenants, Conditions and Restrictions.

I. Definitions

All capitalized terms that are not otherwise defined in these Guidelines shall have the meanings ascribed to them in the Declaration.

II. Notification

Before installing a satellite dish or wireless cable antenna system ("Antenna"), Owners are requested to notify the Association of their intent. Owners are encouraged to work with the Association and its Board to determine a suitable location for the Antenna. That location should be selected to avoid safety hazards and damage to the building. The location should also be unobtrusive, if possible, but the requirement to be unobtrusive shall not unreasonably delay the antenna's installation, unreasonably increase the cost of its installation, maintenance or use, or prevent the Owner form obtaining an acceptable quality signal.

III. Antenna Type and Size

For the purposes of these Guidelines, the term "Antenna" includes any direct broadcast system (DBS) satellite dish or wireless cable antenna system (MDS or MMDS) and any component of or addition to such antenna, including, without limitation, poles, masts, brackets, cables, or wiring.

These Guidelines apply to DBS, MDS and MMDS antennas that are one (1) meter or less in diameter or diagonal measurement. Larger antennas are not permitted without the prior approval of the Board of Directors.

IV. Installation

Antennas must be installed within the boundaries of the Owner's Lot and may not be installed on Common Area or adjacent lots. The board requests and recommends (but cannot legally require) that antennas not be installed on the roofs.

Installation must be in accordance with all applicable building, fire, electrical and related codes. All installations shall be in accordance with the manufacturer's installation specifications.

Dishes, masts, and antennas need not be painted over, but wires and cables running along the buildings shall be painted to match the buildings along which they run.

V. Maintenance, Repair and Removal

The Owner shall be responsible, at the Owner's sole expense, for the maintenance of any Antenna. In the event the Owner removes the Antenna (and does not reinstall the Antenna), the Owner shall, at his (or her) sole expense, promptly restore the surrounding area to its original condition.

It shall be the Owner's responsibility to remove the Antenna if, in the sole discretion of the Board, the Association must maintain, repair, or replace the area where the Antenna is installed. Except in emergency situations, the Association shall notify the Owner at least five (5) working days in advance of the need to remove the Antenna. The cost of removing and replacing the Antenna shall be the responsibility of the Owner.

Should an Owner fail to remove the Antenna upon the Association's request, the Association may enter the Owner's Lot at reasonable hours with at least five (5) working days advance notice and remove the Antenna. The Association shall not be responsible for any damage to the Antenna or loss of the Owner's video signal incurred in removing the Antenna. If the Association must remove the Antenna, the Association may charge the costs to the Owner and may levy a Special Assessment against the Owner's Lot as provided in the Declaration to reimburse the Association for costs incurred in removing the Antenna, after giving the Owner notice and an opportunity for a hearing in accordance with the Association's governing documents. If the Association must remove the Antenna, the Association shall not be responsible for replacing it.

VI. Liability of Owners For Damage

Owners are reminded that under the Declaration, the Association is responsible for maintenance or repair of certain components on Lots, including, for example, the roofs and exterior building surfaces of Building Units (see Section 8.1.2 of the Declaration). However, that responsibility does not extend to maintenance or repairs arising out of or caused by the wilful or negligent act of an Owner or his (or her) guests, tenants or invitees; rather, the Owner is responsible for such maintenance or repairs.

The Declaration further provides that the Owner shall be liable to the Association if the Association incurs any maintenance or repair costs because of the wilful or negligent act or omission of any Owner or the Owner's agents, occupants or invitees, and such liability shall only be established after notice to the Owner and the opportunity for a hearing in accordance with the Association's governing documents (see Section 8.7 of the Declaration).

Adopted by Resolution of the Board of Directors, September 6, 2005

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